Rule 26(f) of the Federal Rules of Civil Procedure requires that parties meet early in a litigation to negotiate an eDiscovery plan that will reduce costs and burdens for each side. In 2009, the Sedona Conference issued its own proclamation encouraging such cooperation.

Still, many lawyers enter eDiscovery without a detailed understanding of their client’s ESI or a specific execution plan in mind. That’s a mistake that often proves to be costly.

Meet-and-Confer Planning

Taking the time to create a detailed plan in preparation for a 26(f) meet-and-confer is one of the most impactful things you can do to save your clients time and money. Not only does it make eDiscovery more efficient, it can also help reduce discovery disputes and—most importantly—get parties to the litigation’s most relevant information faster.

There are plenty of measures you can take to prepare for these conferences, but most of them fall under three basic goal buckets:

Understand—and plan to be open and honest about—client data and data-systems.

Create frameworks for handling disagreements.

Understand and evaluate opportunities for cost savings.

Here is a brief excerpt from our 26(f) conference checklist that we compiled as a resource for lawyers beginning the 26(f) process:

Meet-and-Confer Checklist

1. Define relevant custodians(i.e. who has access to discoverable information)